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HL MacQueen, C Waelde et al Contemporary Intellectual Property: Law and Policy, Oxford University Press, 2010, Chapter 1.
Seminar Reading International Intellectual Property: Institutions and Treaties Key Institutions relevant to Intellectual Property policy making – please explore the following websites and a) consider the roles and functions performed by these organisations in relation to intellectual property b) identify which intellectual property treaties and/or other instruments each of the institutions administers c) find out which, if any, of such treaties or instruments have been implemented in your home jurisdiction and how. International • World Intellectual Property Organization: http://www.wipo.org/ • World Trade Organization: http://www.wto.org/ European Union • European Commission Copyright http://ec.europa.eu/internal_market/copyright/index_en.htm Industrial Property http://ec.europa.eu/internal_market/indprop/index_en.htm United Kingdom • UK Intellectual http://www.ipo.gov.uk/home.htm Others • UNESCO: http://www.unesco.org • European Patent Organisation: us/organisation.html Property Office:
Establishing and Balancing Interests in Intellectual Property • W.R Cornish, ‘The International Relations of Intellectual Property’ (1993) 52(1) Cambridge Law Journal 46 • P Drahos, ‘The Universality of Intellectual Property Rights: Origins and Development’ (1999) available at http://www.wipo.int/tk/en/hr/paneldiscussion/papers/pdf/draho s.pdf • L R Helfer, ‘Regime Shifting in the International Intellectual Property System’ (2009) (7)1 Perspectives in Politics 39
It is to give you an overview of the various international instruments applicable to existing intellectual property rights) Recent attempts at IP reform at the national level (UK) Please explore the following websites: • Digital Opportunity: A review of Intellectual Property and Growth An independent report by Ian Hargreaves (May 2011) http://www.uk/press-release-20080502. Their reports are available at the IPO website (www.gov.gov. • (Once again.uk/ipreview.C.ipo.hmtreasury.uk/gowers_review_index. Report available at: http://www.htm HM Treasury.html • WIPO Handbook on Intellectual Property (Chapter 5 only . you are NOT EXPECTED to read and digest these reports and documents in their entirety.htm Many of the suggestions that were made in the Gowers review were further considered by the UK Intellectual Property Office.htm • The Strategic Advisory Board for Intellectual Property Policy (SABIP) was formed to provide independent.• E. Have a look at the IPO website for details.wipo.uk) under ‘IP research’. See: http://www.gov. It's a seductive mirage’ available at http://www. ‘Did you say intellectual property. Hettinger.htm Government response to the Hargreaves Review http://www. ‘Justifying Intellectual Property’ (1989) 18 Philosophy and Public Affairs 31 • R Stallman.int/about-ip/en/iprm/ (Be selective in your reading of this document.uk/ipresponse.International Treaties and Conventions on Intellectual Property) available at http://www.ipo. you are NOT EXPECTED to digest the details of all the instruments therein.ipo.org/philosophy/not-ipr. rather they will give you an overview of the state of IP law reform in recent years and proposed recommendations for the UK to maintain an appropriate balance of stakeholder interests in Intellectual property law) Questions to Consider for the Seminar • What is ‘intellectual property’? What is ‘intellectual property law’? Why is the subject called ‘intellectual’ rather than ‘industrial property’? Does it matter what we call it? 2 .ipo.gov.gnu.gov. Gowers Review of Intellectual Property (2006). evidence based advice to the Government.
intellectual property protection. 2011 • J Fawcett and P Torremans. so concerned with intellectual property? How well does the TRIPS agreement satisfy the needs and policies of the countries of the world? Compare and contrast the role and function of the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) in developing and implementing intellectual property law and policy. What are the main functions of each of WIPO. 2007 • S Sell. Trade Related Aspects of Intellectual Property Rights: A commentary on the TRIPS agreement. Intellectual Property Overlaps: A European Perspective. Edward Elgar. Private Power Public Law: The Globalization of Intellectual Property Rights.• • • • • • • Of the various theoretical justifications for intellectual property rights which exist. 2011 • R P Merges. Oxford University Press. explaining briefly the nature of that role. Harvard 3 . which do you favour? Justify your response. Justifying intellectual property. Oxford University Press. general policies does intellectual property cause difficulties for? Where should intellectual property law be going in the future? Are any limits placed on what should be protected by intellectual property rights? Should there be? How do you see the possible resolutions over tensions at the international level between. and on the other. 2011 • A Kur and V Mizaras. The Structure Of Intellectual Property Law: Can One Size Fit All?. if any. At what level is IP law often determined: national. what is the process by which those rules are reflected in domestic laws of Member States of the EU? List any international or regional organisation (other than those listed above) that has a role to play in international IP. Intellectual Property rights in a fair world trade system. Cambridge University Press. issues of development and social justice? (Consider this question also in the context and specific needs of the jurisdiction that you come from) Further Reading Books • A Kur and M Levin. WTO and UNESCO? Why is (1) the European Union. Edward Elgar. What general policies support the use and expansion of intellectual property law? What. Intellectual Property and Private International Law. regional (European) or International? When IP law is shaped at International level. (2) the international community as represented by the WTO or WIPO. on the one hand. 2011 (2nd edition) • C M Correa. 2003 • E Derclaye and M Leistner. Hart Publishing.
‘Does Intellectual Property Need a New Set of Wheels?’  European Intellectual Property Review 44. Intellectual Property in the New Millennium. ‘Challenges for the World Intellectual Property Organisation and the Trade-related Aspects of Intellectual Property Rights Council in Regulating Intellectual Property Rights in the Information Age’ (1999) EIPR 578 (on how international bodies or instruments respond to new technological challenges) • D J Gervais. Making and unmaking intellectual property. 2011 C Seville. ‘Intellectual Property and Competition – Human Economic Universals or Cultural Specificities? – A Farewell to Neoclassics?’ (2007) IIC 137. 2004 • G Dinwoodie. and. ‘The Internationalization of Intellectual Property: New Challenges from the Very Old and the Very New’ (20012) 12 Fordham Intellectual Property Media and Entertainment Law Journal 929 (on the challenges posed by traditional knowledge to Intellectual Property law) • W Fikentscher. 2009 • If you are not familiar with law in the European Union.Ulrich.com/graeme_dinwoodie/45/ • D J Gervais.. (When reading the above articles consider whether the views in the articles are contrasting or complementary? How might the views influence one’s definition of intellectual property? 4 . Former Chief Executive of the UK Patent Office . Book Chapters/Journal Articles • H. 2nd edition. Indiana University Press. The European Union Explained. ‘The International Intellectual Property System: Treaties.bepress.• • University Press. Samuelson. ‘Harmony and unity of European intellectual property protection’ in David Vaver and Lionel Bently eds. 2011 M Biagioli. ‘The Internationalization of Intellectual Property: New Challenges from the Very Old and the Very New’ (20012) 12 Fordham Intellectual Property Media and Entertainment Law Journal 929 • P. EU Intellectual Property Law and Policy. Cambridge Univeristy Press. Legal Method. English Patent Judge .‘National IP Rights: A Moribund Anachronism in a Federal Europe?’  European Intellectual Property Review 402. 8th edition. Views on the future of IP Law from two leading UK figures: • Sir Hugh Laddie. P Jaszi and M Woodmansee. 2008. Norms. then please read relevant parts on European community law in I. 2011. • Alison Brimelow. Edward Elgar. National Courts and Private Ordering’ (2007) available at: http://works. Palgrave Macmillan Law Masters. also refer to brief guides like Andreas Staab. McLeod. University of Chicago Press.
org/graphic/uk_government_respon se. You can access the homepage here: http://www. Its importance lies in how the Commission was trying to find a policy balance in and around the existing intellectual property rights) • You can read the UK Government’s response to the CIPR Report here: http://www.org 5 .script-ed.ed.htm (You can be selective in your reading of this document and need not digest the entire instrument.law.ac.iprcommission. Integrating IPRs and Development Policy (2002). Final Report available at: http://www.iprcommission.htm Other Websites: these will be useful to refer to throughout the course • SCRIPT Centre (University of Edinburgh): http://www. You will find many intellectual property law-related articles on these pages.org/graphic/documents.uk/ahrc/ • SCRIPT-ed is the free online law and technology journal run by the SCRIPT Centre in the Edinburgh School of Law.Do you lean towards one or other of the opinions or accept aspects of both?) Example of Tensions on the International Plane: • Commission on Intellectual Property Rights.
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